HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9598 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard Ms. Babita Upadhyay, learned counsel for the applicant, Penal lawyer of High Court Legal Service Committee, learned A.G.A. for the State as well as Shri Bhiya Vikash Bharti, learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is named along with six other accused persons. The allegation against the applicant is that the applicant by introducing himself as another person namely Sarman, had executed a sale deed in favour of informant and usurp seventeen lakh and fifty thousand rupees and out of the said amount fifteen lakh rupees were given through two cheques and remaining two lakh and fifty thousand rupees was given in cash. Learned counsel further submits that in compliance of the order dated 12.08.2025 the learned A.G.A. has filed counter affidavit dated 21.08.2025, which is on the record, wherein it has been stated that those two cheques were credited into the account of one Sarman and Mithilesh and in support of the said averments statement of account of Sarman and the relevant part of case diary showing the said money has been credit into his account has been filed as Annexure-C.A.2 & C.A.3 to the said counter affidavit. Learned counsel further submits that though in the said counter affidavit filed on behalf of State it has been alleged that the applicant and the said person Sarman are the same person, but there is nothing on record to prove such allegation, thus, it has been argued that applicant is entitled to bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. Versus Counsel for Applicant(s) : Babita Upadhyay Counsel for Opposite Party(s) : Bhiya Vikash Bharti, G.A. Ramesh Katheriya .....Applicant(s) State of U.P. .....Opposite Party(s) 3. Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail of the applicant by contending that the applicant and the said person Sarman are the same person, therefore, innocence of applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Ramesh Katheriya, be enlarged on bail in Case Crime No. 17 of 2024, under Sections 420, 467, 468, 471, 504, 506, 120B I.P.C., Police Station- Airvokatra, District Auraiya, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 10, 2025 Mustaqeem. BAIL No. 9598 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad